Hue Street (North), St. Helier: Proposed Cession to Parish of St. Helier

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A decision made 31 October 2011:

Decision Reference: MD-PH-2011-0119
Decision Summary Title:	DS – Hue Street (North), St Helier – Proposed Cession to the Parish of St Helier		Date of Decision Summary:	26 October 2011
Decision Summary Author:	Principal Property Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title:	WR - Hue Street (North), St Helier –Proposed Cession to the Parish of St Helier - (PBA 0338)		Date of Written Report:	268 October 2011
Written Report Author:	Principal Property Manager		Written Report : Public or Exempt?	Public
Subject: Hue Street (North), St Helier - Proposed Cession to the Parish of St Helier
Decision(s): 1. The Minister decided, as recommended by Jersey Property Holdings, to notify the States of his intention to: a. transfer to the Parish of St Helier, at nil cost, the northern section of Hue Street as shown upon the plan accompanying the report, subject to payment by the Public of the Parish’s reasonable legal costs in connection with the transfer b. to confirm the above decision after giving the States 15 working days’ notice of the transaction, and to cause the transaction to be completed.
Reason(s) for Decision: 1. Under Standing Order 168 (1) (a) the Minister is obliged to notify the States that he has accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.
Resource Implications: The financial implications of this decision are set out in the accompanying report. There are no manpower implications in connection with this decision. The balance sheet implications in respect of this decision will be confirmed upon completion of the transaction.
Action required: 1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded.
Signature:		Position: Connétable J M Réfault * Assistant Minister for Treasury & Resources
Date Signed:		Date of Decision MD-PH-2011-0119

Hue Street (North), St. Helier: Proposed Cession to Parish of St. Helier

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Hue Street (North), St Helier – Proposed Cession to the Parish of St Helier

PBA 0338

Purpose

To seek ministerial approval to transfer ownership to the Parish of St Helier of the northern section of Hue Street, as shown upon the attached plan, subject to the reasonable fees incurred by the transferee in effecting the transfer being met by the Public

Background

In selling the Hue Street Car Park site to ‘Romerils’ earlier this year, it was discovered that the northern section of Hue Street, as shown upon the attached plan (Appendix A), was still in Public ownership.

When the Public acquired land in the 1970’s on Hue Street and Dumaresq Street to redevelop the area, including building Hue Court flats, a new section of road was laid between the original Hue Street and Dumaresq Street (being the section shown upon the attached plan as referred to above).

Act 39 of the former Housing Committee (16 June 1978) (copy attached – Appendix B) records that agreement had been reached with the Parish of St Helier to transfer the new section of roadway to the Parochial authority.

Prior to this discovery, it was thought that the road was already in Parish ownership, as the adjoining north-south lying section of same is designated as a Parish bye-road. Further, it is understood that the Parish has assumed maintenance responsibility for the whole road for many years.

It is the case therefore, that the northern section of Hue Street is a road in Public ownership, but is not administered by the Transport and Technical Services Department, nor formally designated as a public highway. As such, it could be described as a road in Public ownership, but in a private capacity due to its lack of formal designation.

Current Situation

On making this discovery, the Parish was consulted and a request made for the section of roadway to be transferred to achieve a single ownership of Hue Street.

The Parish Roads Committee met on 07 September 2011 and agreed, in principle, subject to:

A Report and Proposition being presenting to a vote at Parish Assembly;
The reasonable legal costs incurred by the Parish in connection with the transfer being met by the Public.

Conclusion

The present situation with the northern section of Hue Street is unsatisfactory as it effectively amounts to a road in Public ownership, but in a private capacity due to the lack of formal highway designation. The Parish Roads Committee is willing to seek the agreement of an Assembly for the Parochial authority to take ownership of the road, at nil cost, but subject to its reasonable legal costs being met. This is likely to be in the order of £2,000 (based upon previous situations).

Recommendation

It is recommended that the Minister agrees to transfer to the Parish of St Helier, at nil cost, the northern section of Hue Street, as shown upon the attached plan, subject to payment by the Public of the Parish’s reasonable legal costs in connection with the transfer.

Written By: Principal Property Manager

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 26 October 2011

APPENDIX A

APPENDIX B